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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 691   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [EXECUTIVE BRANCH] COMPARISON
Headnotes Present
Constitution
Constitution of
1867
Constitution of
1864
Constitution of
1851
Constitution of
1776
Amendments to
1776 Constitution

Vacancy in
office of
Governor
Sec. 6. In case of the
death, resignation, removal
from the State, or other dis-
qualification of the Gover-
nor, the General Assembly,
if in session with a quorum
present, or if not, at its next
session with a quorum pres-
ent, shall elect some other
qualified person to be Gov-
ernor for the residue of the
term for which the said Gov-
ernor had been elected.
Sec. 6. In case of the
death, or resignation of the
Governor, or of his removal
from the State, or other dis-
qualification, the General
Assembly, if in session, or if
not, at their next session,
shall elect some other quali-
fied person to be Governor
for the residue of the term
for which the said Governor
had been elected.
Sec. 8. In case of the
death, resignation, removal
from the State, or other dis-
qualification of the Gover- j
nor, the powers, duties and
emoluments of the office
shall devolve upon the Lieu- >
tenant Governor; and in
case of his death, resignation,
removal, or other disqualifi-
cation, then upon the Presi-
dent of the Senate for the
time being, until the dis-
qualification or inability
shall cease, or until a new
Governor shall be elected
and qualified; and for any \
vacancy in said office, not
herein provided for, provi-
sion may be made by law,
and if such vacancy should
occur without such provision
being made, the General As-
sembly shall be convened by
the Secretary of State for
the purpose of filling said
vacancy.
Sec. 7. In case of the
death or resignation of the
Governor, or of his removal
from the State, the General
Assembly, if in session, or if
not, at their next session,
shall elect some other quali-
fied resident of the same dis-
trict, to be the Governor for
the residue of the term for
which the said Governor had
been elected.
1

32. That upon the death,
resignation or removal out
of this State of the governor,
the first named of the coun-
cil, for the time being, shall
act as governor, and qualify
in the same manner, and
shall immediately call a
meeting of the general as-
sembly, giving not less than
fourteen days notice of the
meeting, at which meeting a
governor shall be appointed,
in manner aforesaid, for the
residue of the year.

Proposed by Act of 1809,
chapter 16. Ratified 1809.
Hereafter upon the death
resignation, or removal out
of this State of the Governor,
it shall not be necessary to
call a meeting of the Legis-
lature to fill the vacancy
occasioned thereby but the
first named of the Council
for the time being shall
qualify and act as Governor,
until the next meeting of the
General Assembly, at which
meeting a Governor shall be
chosen in the manner here-
tofore appointed and di-
rected.

Temporary
succession to
office of
Governor
Sec. 7. In case of any
vacancy in the office of Gov-
ernor, and until the General
Assembly meets in session
with a quorum present and
elects a Governor as provid-
ed for in Section 6, the
President of the Senate, at
the time such vacancy oc-
curred, shall discharge the
duties of said office; and in
case there be no President
of the Senate or in the case
of his' refusal to serve, and
in the case of his death, res-
ignation, removal from the
State, or other disqualifica-
tion while discharging the
duties of said office of Gov-
ernor, then the duties of said
office shall, in like manner
and for the same interval,
devolve upon the Speaker of
the House of Delegates, at
the time such vacancy oc-
curred; and in case there be
no Speaker of the House of
Sec. 7. In case of any
vacancy in the office of Gov-
ernor, during the recess of
the Legislature, the Presi-
dent of the Senate shall dis-
charge the duties of said
office, until a Governor is
elected, as herein provided
for; and in case of the death
or resignation of the said
President, or of his removal
from the State, or of his re-
fusal to serve, then the duties
of said office shall, in like
manner, and for the same
interval, devolve upon the
Speaker of the House of
Delegates. And the Legis-
lature may provide by Law,
for the impeachment of the
.Governor; and in case of his
conviction, or his inability,
may declare what person
shall perform the Executive
duties; and for any vacancy
in said office not herein pro-
vided for, provision may be
Sec. 8. In case of the
death, resignation, removal ,
from the State, or other dis-
qualification of the Gover-
.nor, the powers, duties and
emoluments of the office
shall devolve upon the Lieu-
tenant Governor; and in
case of his death, resignation,
removal, or other disqualifi-
cation, then upon the Presi-
dent of the Senate for the
time being, until the dis-
qualification or inability
shall cease, or until a new
Governor shall be elected
and qualified; and for any
vacancy in said office, not
herein provided for, provi-
sion may be made by law,
and if such vacancy should
occur without such provision
being made, the General As-
sembly shall be convened by
the Secretary of State for
the purpose of filling said
vacancy.
Sec. 8. In case of any
vacancy in the office of Gov-
ernor during the recess of
the Legislature, the Presi-
dent of the Senate shall dis-
charge the duties of said
office till a Governor is elect-
ed as herein provided for;
and in case of the death or
resignation of said President,
or of his removal from the
State, or of his refusal to
serve, then the duties of said
office shall, in like manner,
and for the same interval,
devolve upon the Speaker of
the House of Delegates, and
the Legislature may provide
by , law for the case of im-
peachment or inability of the
Governor, and declare what
person shall perform the ex-
ecutive duties during such
impeachment or inability;
and for any vacancy in said
office, not herein provided
for, provision may be made

32. That upon the death,
resignation, or removal out
of this State of the governor,
the first named of the coun-
cil, for the time being, shall
act as governor, and qualify
in the same manner, and
shall immediately call a
meeting of the general as-
sembly, giving not less than
fourteen days notice of the
meeting, at which meeting
a governor shall be appoint-
ed, in manner aforesaid, for
the residue of the year.

Proposed by Act of 1836,
chapter 197. Ratified 1837. Sec. 18. In case a va-
cancy shall occur in the
office of Governor at any
time after this act shall go
into operation the General
Assembly, if in Session, or,
if in the re-recess, at their
next session, shall proceed
to elect, by joint ballot of
the two houses, some person,
being a qualified resident of
the gubernatorial district
from which the governor for
said term is to be taken, to
be Governor for the residue
of said term, in place of the
person originally chosen;
and in every case of vacancy,
until the election and quali-
fication of the person suc-
ceeding, the secretary of
State, by virtue of his said
office, shall be clothed, ad
interim, with the Executive

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 691   View pdf image (33K)
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